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HomeMy WebLinkAbout99-042640 a h h a ?Y cT ?' 0 r Of PLNNSTLVANIA JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT FROM COMMON PLEAS Nm 9 Y - tf / Y NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below Cv 19 LWDU 2 1 IT 19 ma owk win be signed ONLY when this natation is required under Pa R.CPJP. No ` 7( appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothoratary Enter rule upon , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of ran pros Signvrwe of appellmrt or his attorney or agent RULE: To , appellee(s). Nerve of appe/ace(s) (1) You one ratified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST OU. (3) The date of service of this rule if service was by mail is the date of mailing Dale: 17-13 19 span.e a a De" AOPC 312-01 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; as AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 19_, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 19? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and furtherthat l servedthe Rule to File a Complaint accompanying the above Notice of Appeal upon theappellee(s) towhom the Rule was addressed on 19- ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19- Signature or official before whom affidavit was made Title of official My commission expires on CO to -t •. , _ ._ CL. lz? ? u' w C1 C $ U 19-. Signature of allianf , COMMONWEALTH OF PENNSYLVANIA No, VULWZ UaAXL) 09-3-03 DJ Name: Hon. SUSAN R. DAY Admeae: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Teiooone: (717) 486.7672 17065 ATTORNEY FOR PLAINTIFF : CAROL LINDSAY, ESQ. 11 E. HIGH ST. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE rROSS, MICHAEL NAME and ADDRESS -1 44 OAR PARR AVE. CARLISLE, PA 17013 L J VS. DEFENDANT: NAMEand ADDRESS [RR. & MRS. MANUEL D. GOMEZ 169 LEHMAN DRIVE YORK, PA 17403 L J DocketNo.: CV-0000021- Date Filed: 2/10/99 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT Q Judgment was entered for: (Name) mg- s Mag MnNUET n GOM Z ® Judgment was entered against: (Name) _ ROSS MICHAEL in the amount of $ on on: F1 Defendants are jointly and severally liable. ? Damages will be assessed on: This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. D Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO OF APPEAL WITH THE PROTH MUST INCLUDE A COPY OF T I; Date/ I .certify that this isXfrueAnd 1 WITHIN 30 DAYS AFTER 'LERK OF THE COURT 10FJUDGMENTC yyg54 of the (Date of Judgment) - S/r F/qq (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ ENTRY OF JUDGMENT BY FILING A NOTICE )MMON PLEAS, CIVIL DIVISION. YOU FORM WITH YOUR NOTICE OF APPEAL. District Justice edings containing the judgment. , District Justice My commission exdi'res first Monday of January, )-'2004 SEAL AOPC 315-99 / `_M v Y N J ? 4 r .s O - ? o ? ? JUL 101999 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below: Ia y? rlao Ms of l APPEUAW C ( '? ??GcI Cc -: ?r ?A?7 )LtFZ15b?- 2-111 GATE N rK Cr,)5E of (ftanr) f0of / (L 'I ((^nj Ss VS, ?LG(i . ?J .?i?(?s /ILLLty f l Cii Cv19Olin.6161 ZI -'i- LT 19 L. Ihis block will be signed ONLY when this notation is required under Pa R.C.P.J.P. Na 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case PRAECIP,E TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (;ee Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). "" PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint in this opped Name of appellee(sl (Common Pleas No. ) within twenty (20) days after service of rub or suffer entry of judgment of non pros. NOTICE OF APPEAL FROM 9P-ya6V DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. 9gnatwo of appollml or ha affair" or a" RULE: To appeAWS) appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this role upon you by personal service or by certified or registered maiL (2) R you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dale of service of this rule if service was by mail is the date of mailing. Dole: , 19_. S~ of Hpthonasy, or DA" AOPC 31291 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : as AFFIDAVIT: I hereby swear or affirm that I served 99-4264 21a copy of the Notice of Appeal, Common Pleas No. . , upon the District Justice designated therein on (date of service) 7/21 1999 ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Manuel D. Gomez, cat! certified) on 7'%1 , 19 99? by personal service ?'by (certified) (registered) mail, sender's receipt attached hereto. ? and further that l served the Rule to Filea Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19- ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS "- ? DAY OF -`^?^•6. , 19.GL - 674-0 S gnaru/ re or-official before wh et idaw OS made Title of official TERESA BUF4010LDEfl ?„ry pypllc CuYM, cwrDedano f:oratly, PA My commission xp19 Signature of afflant r _. C:I u? U? f Z 332 878 771 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail fSee reverse) ns to C\ y/, \ty ',l? ?w? t.'v?uLf, 11 ?A?. Irceet& )CINUn`ae KH 3 Po I Olfice, S ale, 8 ZIP ?otla iM D? l o - n I l t Postage $ 3 Certified Fee ! Special Delivery Fee Resincted Delivery Fee Actium Recaol Showing to 1 Whom S Dale Delivered Rehm Receipt Showing m Mcm, Date, A Addressee s Address TOTAL Postage A Fees S r:? Postmark or Date m m Q G O m E 0 LL a i ce m G O W LL m a Z 332 8'?8 770 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do nor use for International Mail (See reverse) "GA,o h eA St{{GGel Nu fxr 1?p 1 I-,., c ..? Pgsl ice, 5lale.ajlade 7? ?_ l l I ?l Postage $ .33 Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Receipt Showing to Whom d Dale DeSvered qq q/ Realm P s e Ad to Yaiaa Dale, 6 Addressees Address TOTAL Postage a Fees S. Postmark or Date r u-K. ross notice to plead July 29, 1999 MICHAEL ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within thirty (30) days after this Complaint and notice a:e served by entering a written appearance personally or by attomey and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ID#41693 11 East High Street Carlisle, PA 17013 (717) 243-5513 ross Complaint July 29, 1999 MICHAEL ROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MANUEL D. GOMEZ, ET UX, Defendant CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM COMPLAINT NOW comes MICHAEL ROSS, by and through his counsel, Flower, Flower & Lindsay, P.C., and states as follows: 1. Plaintiff is an adult individual who resides at 44 Oak Park Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendants are adult individuals who reside at 169 Lehman Drive, York, York County, Pennsylvania. 3. On December 4, 1998, at the special insistence of Defendants, Plaintiff picked up a 1983 G.M.C. C-1500 pick up truck for transport to his garage to undertake repairs specifically requested by the Defendant. 4. Repairs to the truck were undertaken by Plaintiff on a time and materials basis with Plaintiffs time valued at $30.00 per hour. 5. On December 20, 1998, Defendants demanded a return of the vehicle. 6. Plaintiff had expenses totaling $122.22 for parts for Defendants' vehicle. 7. Defendants damaged Plaintiffs adjustable timing light which had to be replaced at a cost of $95.35. 8. Plaintiff expended 9.7 hours on the repairs to Defendants' vehicle for a total labor cost of $513.17. ross Complaint July 29, 1999 MICHAEL ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant COMPLAINT NOW comes MICHAEL ROSS, by and through his counsel, Flower, Flower & Lindsay, P.C., and states as follows: 1. Plaintiff is an adult individual who resides at 44 Oak Park Avenue, Carlisle, Cumberland County, Pennsylvania. 2. Defendants are adult individuals who reside at 169 Lehman Drive, York, York County, Pennsylvania. 3. On December 4, 1998, at the special insistence of Defendants, Plaintiff picked up a 1983 G.M.C. C-1500 pick up truck for transport to his garage to undertake repairs specifically requested by the Defendant. 4. Repairs to the truck were undertaken by Plaintiff on a time and materials basis with Plaintiffs time valued at $30.00 per hour. 5. On December 20, 1998, Defendants demanded a return of the vehicle. 6. Plaintiff had expenses totaling $122.22 for parts for Defendants' vehicle. 7. Defendants damaged Plaintiffs adjustable timing light which had to be replaced at a cost of $95.35. 8. Plaintiff expended 9.7 hours on the repairs to Defendants' vehicle for a total labor cost of $513.17. ross Complaint July 29, 1999 9. The total damages claimed by Plaintiff is $513.17 WHEREFORE, Petitioner prays this Honorable Court to enter a judgment against Defendants in the amount of $473.22 with costs. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By Car I J. Lindsay, E`99 ire CIE4 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 Toss Complaint July29,1999 MICHAEL ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant CERTIFICATE OF SERVICE AND now, this 30 day of 1999, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLO & LINDSAY, P.C., Attorneys, hereby certify that I served the within Complaint this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Mr. and Mrs. Manuel D. Gomez 169 Lehman Drive York, PA 17403 FLOWER, FLOWER & LINDSAY Attorneys for Plaintiff By -?_ arol J. Lindsay, Esquire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 2 t'- ?t V '?Z-ro Michael Ross Date: 2 Q2 3- _7 MICHAEL ROSS V. MR. & MRS. MANUEL D. GOMEZ IN THE COURT OF COMN 70N PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 1999 - 4264 CIVIL TERM ORDER OF COURT AND NOW, to wit, this I t day of August, 1999, on consideration of the attached petition, the Rule is made absolute, and the appeal stricken. By the Court, Edgar B Bayley, J. .l . ?' . t'( j Jtr+?, ?:.i i J;. ?h ?,:.':. MICHAEL ROSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW MR. & MRS. MANUEL D. GOMEZ : NO. 1999 - 4264 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE The rule to show cause why the petition should not be granted and the appeal stricken was signed by The Honorable Edgar B. Bayley on August 9, 1999. The Prothonotary sent the rule to show cause to Carol J. Lindsay, Esquire, Counsel for Michael Ross, by first class mail. A copy of the petition and Rule to Show Cause are attached hereto. No objection to the proposed striking of the appeal has been filed. WHEREFORE, it is prayed that the Court make the rule absolute. Respectfully submitted, DOUGLAS, DOUGLAS & DOUGLAS By??u 11 Geo a F. Dogl las, III, Esquire Attorney for Counterdefendants Atty. I.D. # 61886 27 West High Street Carlisle, PA 1701-1 717-243-1790 MICHAEL ROSS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CIVIL ACTION - LAW MR. & MRS. MANUEL D. GOMEZ : NO. 1999 - 4264 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this ?-) day of August, 1999, upon consideration of the within petition, a RULE is hereby entered on the plaintiff, Michael Ross, through his counsel, Carol J. Lindsay, Esquire, to show cause why the petition should not be granted, and the appeal stricken. Rule returnable _0 days from date of service. (?'oic71O?h / 4,11 c2 e ? A h u ?U?r ? C1?e ? Q cv ?u! ?i` c Ctc(? "6 C, /,-,W-r*, Yc ?iS?JJ. (? J By the Court, Gc. J. Carol J. Lindsay, Esquire Flower, Flower & Lindsay 11 East High Street Carlisle, PA 17013 For Counterplaintiff George F. Douglas, III, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 For Counterdefendants -?1 - . -..-V F7f ?M PECORD rC rr,ta s>.t my hand and a "-I Gi sail Court at Carlisio, Pa. This ........ .. day of...... L ...... 19... 2.cl . ................ ?.. ??...... e ....... Z& Prothonotary MICHAEL ROSS V. MR. & MRS. MANUEL D. GOMEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION- LAW NO. 1999 - 4264 CIVIL TERM PETITION TO STRIKE APPEAI UNTIMELY FILED Petitioners, Mr. and Mrs. Manuel D. Gomez, by the undersigned counsel, George F. Douglas, III, Esquire, hereby petition to strike the appeal untimely filed, and, in support thereof, represents as follows: 1. A judgment was entered for defendants, Mr. and Mrs. Manuel D. Gomez, and against plaintiff, Michael Ross, in his counterclaim, on May 15, 1999. A copy of the entry of judgment is attached hereto. 2. Counsel for Michael Ross filed an appeal on July 13, 1999. A copy is attached hereto. 3. The petitioners received notice of the appeal by certified mail from counsel for Michael Ross postmarked July 21, 1999. A copy of the letter and envelope are attached hereto. 4. The appeal was not filed within thirty (30) days of the entry of judgment, as provided in Pa. R.C.P. 1002, and should not have been accepted by the Prothonotary's Office as a timely filing. WHEREFORE, your petitioners respectfully request that this Court enter an Order striking the appeal filed in this matter. Respectfully submitted, Dated: August 6,1999 DOUGLAS, DOUGLAS & DOUGLAS George F. Douglas, III, Esquire Attorney for Petitioners Atty. I.D. # 61886 27 West High Street P.O. Box 261 Carlisle, PA 17013 717-243-1790 MICHAEL ROSS V. MR. & MRS. MANUEL D. GOMEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 1999 - 4264 CIVIL TERM VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. This verification is made pursuant to Pa. R.C.P. 1024(c) by counsel for Mr. and Mrs. Manuel D. Gomez, based upon information received. To the best of signer's knowledge, information, and belief, the foregoing is true and correct. DOUGLAS, DOUGLAS & DOUGLAS Dated: August 6, 1999 George F. Douglas, III ?i UULINI Y Uh: wV&bAX ,*.LW . IF?,.rp Obt Na: 09-3-03 a Nm : eqn SUSAN K. DAY Ad'-; 229 MILL STRZET, BOX 167 MT. HOLLY SPRINGS, PA nrwn-: (717) 486-7672 17065 ATTORNEY FOR PLAINTIFF : CAROL LINDSAY, ESQ. 11 E. HIGH ST. CARLISLE, PA 17013 ,°v < aver v, V V L4i/Y1GJ\ l l tl ?"7Mdtl:'(r}jt d7?' PLAINTIFF: CIVIC CASE LOSS, MICHAEL NAME "ADDRESS 44 OAR PARK AVE. CARLISLE, PA 17013 L VS. J DEFENDANT: NAME W ADDRESS ria- & MRS. MANUEL D. GOMEZ 'I 169 LEHMAN DRIVE YORK, PA 17403 L J 'DocketNo.: CV-0000021-99. Date Filed: 2/10/99 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: MR DEIVIDMA *fT E XI Judgment was entered for: (Name) ® Judgment was entered against: (Name) _gngg. m7cmnur, in the amount of $ nn on: Defendants are jointly and severally liable. L_.I Damages will be assessed on: f7 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ? Levy is stayed for days or ? generally stayed. F1 Objection to levy has been filed and hearing will be held: Date: Time: Place: ANY PARTY HAS THE RIGHT TO AP AL WITHIN 30 DAYS AFTER OF APPEAL WITH THE PROTH OTAR CLERK OF THE COURT MUST INCLUDE A COPY OF IS N F JUDGMEN`7 Date 1 certify that this is a nd pybf the re e'pi ate 7L A/ My commission ex es first Monday of January, 2004 (Date of Judgment) r/i q/ua (Date & Time) Amount of Judgment $ .0 0 Judgment Costs $ .0 0 Interest on Judgment $ .00 Attorney Fees $ .00. Total $ .0 i i Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ i T E'eNTRY OF JUDGMENT BY FILING A NOTICE OMMON PLEAS, CIVIL DIVISION. YOU aIP FORM WITH YOUR NOTICE OF APPEAL. District Justice ceedings containing the judgment , District Justice SEAL AOPC 315.99 APIPICIAL DWRICT FROM i DISTRICT JUSTICE JUDGMENT i COMMpN P"S Pao I 7 - L/_ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal fnxn the judgment randemd by the District Justice an the daft and in the case mentioned behm z ,cam ei ss .---1?- 3- Cit 19-aQaa42 z r -gy LT 19 100811, ra R jr. m )appellant was CLAIMANT (See ft R.CF.J.P. No. This Notice of Appeal, when received by the District Justice, "it operate as a i 1001(6) in action before Distict Justice, he MUST SUPERSEDEAS to the judgment for possession in this cos. FILE A COMPLAINT wllflin twenty (20) days after ov? or Protlnoruotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sectbn of b7n to be used ONLY when appellant was DEFENDANT (see Pa R.C.P.J.P. No. 1001(7) in action before Dstnot Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prethanotmy Enter rule upon nmrrre a appedeetsl ' aPPdlee(s)' to file a cortiplont in this upped (Commonn Pleas No ) within twenty (20) days after service of rub or suffer entry of judgment of non pros RULES To W61110 Of aaoeaes a use atamey a agars Nang or apperlee(sl ' aPP?ee(s? (1) You an notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dote of service of ft rule upon you by personal service or by certified a registered mm1 (2) N you do not fie a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST U. (3) The data of service of fhis rule i service was by marl is the dak of mailing. Daft: 7 /-3 , 19,• Slpruuva of noray a Oaouty i ACPC: altar LAN OFFICES FI.OWEIt, FZOWER & LINDSAY A PROFPyto. LCOMAAno, 11 PAST HIGH STRM i ? 1)?TU C'P`uSLE. PENN- SYLVANIA 17013-3016 '. ?1- LINDSAY July 16, 1999 CERTIFIED MAR R I r ro?, Mr. and Mrs. Manuel D. Gomez ycrrT 169 Lehman Drive York, PA 17403 RE: Ross Y. Gomez Dear Mr, and Mrs. Gomez: (71n xe3.fSu PA FL ,? behalf. I enclose for service a copy of the Notice of Appeal which I filed on Mr. Ross's Very truly yours, CJLtt)b FLOWER, FLOWER & LINDSAY, P.C. Carol J. ee: Lhsttxt JUSWA Susan K. 0" . CleL Ltu rvrena) 229 Mil Street, got 167. UL movy SXw.0j Michael Ross (wtew) - i + 7 + (+ i 1 1' i fi ?o It c f i a? o ?• 2 r. i _ - r Z Y - S G _ ? ? l H I v s cda.z - F- a w U = o ZE C? u Q R C9 O ? fC r E r a U e O M1 r b r 0 ru m m N N N v.+ r r!+ R r r :.'u C" 11 ki ?" El l EJ Ull C W _v YOU ARE HEREBY REOUIRED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED WITHIN TWENTY IE01 DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU, BY -' ATTORNEY DOUGLAS. DOUGLAS & DOUGLAS ATTORNEYS AT LAW • .. y.., c. ,rol:n ? o Dm•z... CARLISLE, PCFIHSYLVAIIIA nou ozm WE DO MCRFRY CERTIFY THAT THE WITHIN 15 A TRUE AND CORRECT COPY OF THE ORIGINAL FILED IN THIS ACTION. ATTORNEY MICHAEL ROSS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA V. : CIVIL ACTION - LAW MR. & MRS. MANUEL D. GOMEZ : NO. 1999 - 4264 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this day of August, 1999, upon consideration of the within petition, a RULE is hlebyy entered on the plaintiff, Michael Ross, through his counsel, Carol J. Lindsay, Esquire, to show cause why the petition should not be granted, and the appeal stricken. C ? w?- Carol J. Lindsay, Esquire Flower, Flower & Lindsay 11 East High Street Carlisle, PA 17013 For Counterplaintiff George F. Douglas, III, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 For Counterdefendants Rule returnable 10 days from date of service. \?c wLb1 "j?+4.4' S 6jk . : r : i - il: MICHAEL ROSS V. MR. & MRS. MANUEL D. GOMEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 1999 - 4264 CIVIL TERM PETITION TO STRIKE APPEAL UNTIMELY FILED Petitioners, Mr. and Mrs. Manuel D. Gomez, by the undersigned counsel, George F. Douglas, III, Esquire, hereby petition to strike the appeal untimely filed, and, in support thereof, represents as follows: 1. A judgment was entered for defendants, Mr. and Mrs. Manuel D. Gomez, and against plaintiff, Michael Ross, in his counterclaim, on May 15,1999. A copy of the entry of judgment is attached hereto. 2. Counsel for Michael Ross filed an appeal on July 13,1999. A copy is attached hereto. ' 3. The petitioners received notice of the appeal by certified mail from counsel for Michael Ross postmarked July 21, 1999. A copy of the letter and envelope are attached hereto. 4. The appeal was not filed within thirty (30) days of the entry of judgment, as provided in Pa. R.C.P. 1002, and should not have been accepted by the Prothonotary's Office as a timely filing. WHEREFORE, your petitioners respectfully request that this Court enter an Order striking the appeal filed in this matter. Respectfully submitted, Dated: August 6,1999 DOUGLAS, DOUGLAS & DOUGLAS Byj- George F. Douglas, III, Esquire Attorney for Petitioners Atty. I.D. # 61886 27 West High Street P.O. Box 261 Carlisle, PA 17013 717-243-1790 MICHAEL ROSS V. MR. & MRS. MANUEL D. GOMEZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 1999 - 4264 CIVIL TERM VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. This verification is made pursuant to Pa. R.C.P. 1024(c) by counsel for Mr. and Mrs. Manuel D. Gomez, based upon information received. To the best of signer's knowledge, information, and belief, the foregoing is true and correct. DOUGLAS, DOUGLAS & DOUGLAS By (AA Dated: August 6,1999 George F. Douglas, I COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGNIENTITRANSCRIPT MAo'aei. NO.. PLAINTIFF: CIVIL CASE • 09-3-03 I rROSS, MICHAEL NAME ,m ADDRESS 0.1 NUne. ran SUSAN K. DAY 44 OAR PARR AVE. A0° "°' 229 MILL STREET, SOX 167 CARLISLE, PA 17013 MT. HOLLY SPRINGS, PA L. J VS. T,M,hom:(717) 486-7672 17065 DEFENDANT: NAME WADDRESS rMR. & MRS. MANUEL D. GOMEZ 1 ATTORNEY FOR PLAINTIFF 169 LEHMAN DRIVE YORK, PA 17403 CAROL LINDSAY, ESQ. L J 11 E. HIGH ST. Docket No : CV-0000021-99 CARLISLE, PA 17013 . Date Filed: 2110199 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: FOR n SFEND ram ® Judgment was entered for: (Name) wag - s lace ernra•+?r n r^t r°7 ® Judgment was entered against: (Name) _ Rnss . KI RAgT, in the amount of $ _nn on: (Date of Judgment) C; 41 a?gg Defendants are jointly and severally liable. (Date & Time) 7 Damages will be assessed on: 0 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. 0 Objection to levy has been filed and hearing will be held: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ Date: Place: Time ANY PARTY HAS THE RIGHT TO OF APPEAL WITH THE PROTH MUST INCLUDE A COPY OFT I: Date/ [.Certify that this is WITHIN 30 DAYS AFTER 'LERK OF THE COURT,( the My commission expVres first Monday of January, i 04 ENTRY OF JUDGMENT BY FILING A NOTICE IMMON PLEAS, CIVIL DIVISION. YOU FORM WITH YOUR NOTICE OF APPEAL. District Justice tidings containing the judgment. , District Justice SEAL AOPC 315.99 COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON ?UAS JUDICIAL DISTRICT NOTICE OF APPEAL Notice is gran that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the me mentioned below cb sS p _ _?;3 =p ATE (?? (?rLL??S ?m2_ ? r 7nr-3 CV 19 M0,069 z I -gy IT 19 186 . - w ? W,NL, ?-., 113 nomncn is requvea urwer ra K!.rJr. rva 1 appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 00 This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days a/item or Deputy tiling his NOTICE of APPEAL. igrwfae o1 fhanaary NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No Y 7 - e-1 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.OP.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon appellearsl appellee($). to file a complaint in this appeal (Common Pleas Na RULE: To , app?ee(s). rixrie Of aAaellee(s) SVW0`6 Of agoe9a d a his aaorney a ages (1) You are nofified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mar (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST U. (3) The date of service of this rule if service was by mail is the date of 7;L Daft: 7-13 , 19? Slgrreose a a Deputy ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. •aPC 312.84 LAW OFFICES FLOWER. FLOWER & LINDSAY A PROFESSIONAL CORPORATION 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013.3016 JAMES D. FLOWER JAMES D A J• LINDSAY July 16, 1999 CERTIFIED MAIL: RETURN RECEIPT Mr. and Mrs. Manuel D. Gomez 169 Lehman Drive York, PA 17403 RE: Ross v. Gomez Dear Mr. and Mrs. Gomez: (717)2/5313 FA74 (717) 2434710 FFLe,qCjxokow behalf. I enclose for service a copy of the Notice of Appeal which I filed on Mr. Ross's Very truly yours, FLOWER, FLOWER & LINDSAY, P.C. Carol J. Ely CJUtib cc: Cutnct Justice Susan K. 00y - Opit U w rweTtct) 229 Mill Street, Box 167, ML HOIN SP(WdJS Michael Ross (w/end) iQ. t. D y? e ? N y rr aao ?ytm [t 1 I i Y - f z _ - ? z r t ?rzvz .t _ i -_ A y R c• is wr. a W LU r4 W E C ? U~l ? Q CO p Co C =U° R O C- M1 r m N m m N CJ CJ L7 I 0 m R r L, YOU ARE HEREBY REQUIRED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED DOUGLAS. DOUGLAS S DOUGLAS WE DD HEREBY CERTIFY THAT THE WITHIN TWENtYlE01 DAYS FROM SERYIC[ HEREOF OR A JUDGMCNT MAY BE AiTOHNLYZAT LAW WITHIN IS A TRUE AND CORRECT COPY ENTERED AGAINST YOU. Y .. mn...rn T., OF THE ORIGINAL FILED IN THIS ACTION. BY ATTORNEY - CARL17LE. PLNIbYLVANIA BY • _ AIJL1_9 tgq?1z`T UOU-ONll ATTORNEY L ross Complaint September 2, 1999 MICHAEL ROSS, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant/Respondent ORDER OF COURT AND NOW this day of 1999, upon consideration of the within Plaintiffs Petition to Strike Appeal Untimely Filed and Counter- Claim and Petition to Allow the Appeal Nunc Pro Tunc, Petition to Strike Appeal is dismissed. By the Court, MICHAEL ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant/Respondent PLAINTIFF'S PETITION TO STRIKE APPEAL UNTIMELY FILED NOW comes MICHAEL ROSS, by and through his counsel, Flower, Flower & Lindsay, P.C., and answers the Rule to Show Cause entered by the Court on August 9, 1999, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. By way of further answer, although the District Justice entered judgment on May 15, 1999 as set out on the exhibit attached to the Petition, Notice of the judgment transcript form was not sent by the District Justice's office until July 8, 1999 as noted on the Entry of Judgment. WHEREFORE, Petitioner prays this Honorable Court to Dismiss the Petition to Strike the Appeal. COUNTER-CLAIM AND PETITION TO ALLOW THE APPEAL NUNC PRO TUNC 5. Although the Judgment in the captioned case was entered on May 15, 1999, Notice of the Judgment was not sent until July 8, 1999, on the specific request of counsel for the Plaintiff. 6. Rule 1002 of the Rules of Civil Procedure for District Justice's requires a Notice of Judgment to be filed with an Appeal. ross Complaint September 2, 1999 7. No Notice of Judgment was issued by the District Justice until July 9, 1999. 8. A Court may permit an Appeal Nunc Pro Tunc upon a showing of an error in the judicial system. 9. The failure of the District Justice to mail the Notice of Judgment is such an error. WHEREFORE, Plaintiff prays this Honorable Court to permit the Appeal Nunc Pro Tunc. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff ID# 4`, ?, ,, 11 East High Street Carlisle, PA 17013 (717) 243-5513 ross Complaint September 2, 1999 VERIFICATION The undersigned, Carol J. Lindsay, Esquire, avers that the facts set forth in the foregoing instrument, based upon information and belief, were developed from conversations with Michael Ross and information gained in the investigation of this file, and this Verification is made for the reason that his Verification could not be obtained within the time allowed for the filing of this pleading, and this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. FLOWER, FLOWER & LINDSAY, P.C. By: )D#34693 44-East High Street Carlisle, PA 17013 (717) 243-5513 ross Complaint September 2, 1999 MICHAEL ROSS, Plaintiff VS. MANUEL D. GOMEZ, ET UX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM CERTIFICATE OF SERVICE l AND now, this -2i day of 1999, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER & INDSAY, P.C., Attorneys, hereby certify that I served the within Plaintiffs Petition to Strike Appeal Untimely Filed and Counter-Claim and Petition to Allow the Appeal Nunc Pro Tunc this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Mr. and Mrs. Manuel D. Gomez 169 Lehman Drive York, PA 17403 FLOWER, FLOWER & LINDSAY Attorneys for Plaintiff By: ,Carol J. Lindsay, Esquire ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 >_ .•, L ?` i' L ,. _ . .a , , '?? ? ??"' i?? _? :;.1 [i ' r ? l _ '.J C' _.:1 l.' ?? . J , V IWi 1 OfflDEIIII ouptellNbl <, iyyy ? 1999 V, MICHAEL ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 99-4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant/Respondent ORDER OF COURT AND NOW this day of 1999, upon consideration of the within Plaintiffs Petition to Strike Appeal Untimely Filed and Counter Claim and Petition to Allow the Appeal Nunc Pro Tunc, Petition to Strike Appeal is dismissed. By the Court, iwi ? URIPIMIIL OUPLU UM) c, 1y MICHAEL ROSS, Plaintiff/Petitioner f Vs. MANUEL D. GOMEZ, ET UX, Defendant/Respondent AND NOW this day of 1999, upon consideration of the within Plaintiffs Petition to Strike Appeal Untimely Filed and Counter Claim and Petition to Allow the Appeal Nunc Pro Tunc, Petition to Strike Appeal is dismissed. By the Court, SEP - 3 1S9V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM ORDER OF COURT ross Complaint September 2, 1999 MICHAEL ROSS, Plaintiff/Petitioner Vs. SEP - 3 iy? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant/Respondent ORDER OF COURT AND NOW this day of 1999, upon consideration of the within Plaintiffs Petition to Strike Appeal Untimely Filed and Counter- Claim and Petition to Allow the Appeal Nunc Pro Tunc, Petition to Strike Appeal is dismissed. By the Court, J. MICHAEL ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA ' vs. CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM MANUEL D. GOMEZ, ET UX, Defendant/Respondent PLAINTIFF'S PETITION TO STRIKE APPEAL UNTIMELY FILED NOW comes MICHAEL ROSS, by and through his counsel, Flower, Flower & Lindsay, P.C., and answers the Rule to Show Cause entered by the Court on August 9, 1999, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. By way of further answer, although the District Justice entered judgment on May 15, 1999 as set out on the exhibit attached to the Petition, Notice of the judgment transcript form was not sent by the District Justice's office until July 8, 1999 as noted on the Entry of Judgment. WHEREFORE, Petitioner prays this Honorable Court to Dismiss the Petition to Strike the Appeal. COUNTER-CLAIM AND PETITION TO ALLOW THE APPEAL NUNC PRO TUNC 5. Although the Judgment in the captioned case was entered on May 15, 1999, Notice of the Judgment was not sent until July 8, 1999, on the specific request of counsel for the Plaintiff. 6. Rule 1002 of the Rules of Civil Procedure for District Justice's requires a Notice of Judgment to be filed with an Appeal. ross Complaint September 2, 1999 7. No Notice of Judgment was issued by the District Justice until July 9, 1999. 8. A Court may permit an Appeal Nunc Pro Tunc upon a showing of an error in the f judicial system. 9. The failure of the District Justice to mail the Notice of Judgment is such an error. WHEREFORE, Plaintiff prays this Honorable Court to permit the Appeal Nunc Pro Tunc. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff Carol rf Li dsay, Es ID#446 11 East High Street Carlisle, PA 17013 (717) 243-5513 rose Complaint September 2, 1999 VERIFICATION 1 The undersigned, Carol J. Lindsay, Esquire, avers that the facts set forth in the foregoing instrument, based upon information and belief, were developed from conversations with Michael Ross and information gained in the investigation of this file, and this Verification is made for the reason that his Verification could not be obtained within the time allowed for the filing of this pleading, and this Verification is made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. FLOWER, FLOWER & LINDSAY, P.C. By Carlisle, PA 17013 (717) 243-5513 ross Complaint September 2, 1999 MICHAEL ROSS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. MANUEL D. GOMEZ, ET UX, Defendant CIVIL ACTION - LAW NO. 99 - 4264 CIVIL TERM CERTIFICATE OF SERVICE AND now, this day of , 1999, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER & INDSAY, P.C., Attorneys, hereby certify that I served the within Plaintiffs Petition to Strike Appeal Untimely Filed and Counter-Claim and Petition to Allow the Appeal Nunc Pro Tunc this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Mr. and Mrs. Manuel D. Gomez 169 Lehman Drive York, PA 17403 FLOWER, FLOWER & LINDSAY Attorneys for Plaintiff _ By: ID J. Lindsay, E: ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 4 LAW OFFICES FLOWER, MORGENTHAL, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 n t50QC 9 if ik ¦ c/v CQ P88598566 4192:00.330 4569 MAILED FROM SARI;S(F w 17013 L„III??,IIL????JI?,IId?,LI George F. Douglas, III, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 IY 1,. LAW OFFICES FLOWER, MORGENTHAL, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 `AILS Hid, 4152500,33 8598566 3 8 3 5 MAILEDF'ROMCARUIstEPp 170 13 Illliihllllillllll 111111 lilllll Carol J. Lindsay, Esquire FLOWER, FLOWER & LINDSAY, P.C. 11 East High Street Carlisle, PA 17013 {ft '. I j, DOUGLAS, DOUGLAS & DOUGLAS George F. Douglas, III, Esquire. 27 W. HIGH ST. Supreme Court I.D.# 61886 POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 ..3............................................... ............................................. ......................an... n- ..... Mrs................. M a..........nue(........................................... Mr. d D. Gomez i In t e Court of Common Pleas of ? Cumberland County, Pennsylvania 3 ? f 1999 - No. 4264 Civil Term 3 Vs. i i ? i 3 f Michael Ross Civil Action Law .......................................................................................................... i.......................................................................................................... Praecipe TO THE PROTHONOTARY OF SAID COURT: Please mark this case settled and discontinued. Date: ? August 7, 2000 George F. Douglas, III Attorney for Plaintiff r a, 1w' C-2a